The High Court disposed of a writ petition challenging the rejection of building permissions and lack of fee intimation. The court directed the respondents to grant a personal hearing within four weeks rather than deciding the merits immediately.
Direct respondents to grant personal hearing within four weeks of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I
[32301
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
SATURDAY ,THE TWENTY NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO: 32645 OF 2022
Between:
AND
...RES'.NDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order more particularly in lhe nature of Writ of Mandamus directing Respondent Nos.2 and 3 to issue the Fee lntimation Letter under file No.004684/LO|DTCPl3O711002912022 in respect of the layout approval for land admeasuring Ac.7-23.32 gts in S.Nos.'191/'18/4,19113811, 19'U3N1 ,19015/1 ,191/3A,1901211,19012,190181212, 1901512, 19113N2, 190/5/3, 191/3A/3, 190/3,190/4A,190/48, 190/4C situated at Devanpally Village, Ward No.1 of Kamareddy Municipality ii. Declaring the Rejection Letler d1.17.O8.2022 as illegal and unconstitutional being violative of the Provisions and Rules of TS-bPASS Act and Telangana Municipal Land Development (Layout and Sub-Division) Rules, 2021 and the inaction of the Respondents No.2 and 3 in not issuing the Fee lntimation Letter as illegal, arbitrary and u nconstitutional.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the oi'crmstances stated in the affidavit filed ir support of the petition, the High Court m ay be pleased to direct the Responder t No.2 and 3 to immediately provide the f<:rmat of Gift Deed for the registration o the same by the petitioners handing J /€.r the roads, open spaces earmarked f, rr green space etc and to furnish the: dt:tails required for registration of the mc rtgage deed pending disposal of the writ petition.
lA NO: 2 OF 2022
Petition under Section 151 CPC praying that in the c rr;umstances stated in the affidavit filed i r support of the petition, the High Cou l n ay be pleased to permit the petitioner; to amend the relief in the above W.l).'.1o.32645 of 2022 as hereunder: "lt is lrerefore prayed that this Honourable Oourt may be pleased to issue a Writ or r rder more particularly in the nature ol</sup> Vrit of Mandamus directing Responder t Nos.2 and 3 i. to issue the Fee Intimalr( n Letter under file No.004684/LOIDTCI'l3O71lOO29l2O22 in respect of the lay'cu approval for land admeasuring Ac.7-23.32 gts in S.Nos.191l1Bl4, 191l3Bl 1 9113A11, 1901511, 19113A, 190t2t1, 19)t2, 190t8t2t2, 190t5t2, 191t3At2, 190',atat, 191/3A/3, 190/3, 19014A, 190/48, 19(/4C situated at Devanpally Village, Wanl l'Jo.1 of Kamareddy Municipality ii De< laring the Rejection Letter dt.1 7 .08 2O]2 as illegal and unconstitutiona I beir g violative of the Provisions and Rules cf fS-oPASS Act and Telangana Municip. I Land Development (Layout and Sub-[)i,ision) Rules, 2021 and the inaction of I re Respondents No.2 and 3 in not issuirrg the Fee lntimation Letter as illegal, arb trary and unconstitutional.
Counsel for the Pet tioner : SRI T. S. VENKATARAMANA
Counsel for the Rer pondent No.1: GP FOR MUNICIPAL AllltllN|STRATION AND URABAN DEVELOT MENT
Counsel for the Rer pondent No.2: SRI M. RAM MOHAN REDDY,
SC FOR MUNII:IPALITY
Counsel for the Re:,pondent No.3: GP FOR REVENUE
The Court made thr following: ORDER
THEHON'BLE SMT. JUSTICE LALITHA KANNEGANTI
IIIRIT PETITION No.32645 of 2o22
ORDER:
The writ petition is filed seeking the following relief:
"... to issue a Writ or order moreparticularly in the nature of Writ of Mandamus directing Respondent Nos.2 and 3 (i)to issue the Fee Intimation l€tter under fi1e No.OO4684 ILO /DTCP /3071/0029 /2022 in respect of the layout approval for land admeasuring Ac.7-23.32Gts in S.Nos.191/1B/4, tgt/38/7, rgt/31./t, r9olsl 1, 191/3A, t90/2/ r, tgo/2, r9ol8/2/2, r9Ol5/2, 79t/sLl2, r9O/s/3, rgt/3A/s, tgo/3, I9O /4A, l9O / 48, l9O /4C situated at Devanpally Village, Ward No. 1 of Kamareddy Municipality, (ii) deciaring the rejection letter dt.17.O8.2O22 as illegal and unconstitutional being violative of the provisions and rules of TS-bPASS and Telangana Municipzil Land Development (Layour and Sub-Division) Rules, 2O21 and the inaction of t1le respondents No.2 and 3 in not issuing the Fee Intimation l,etter as illegal arbitrary and unconstitutional and ...".
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2
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to petitioner land from National Highway and the petitioner himself laid the road without showing in layout claiming as existing road.
The Miscellaneor.rs Applications, if any shall stand
automatically closed.
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SD/.N.RAJ PAL ASSISTANTREGITRAR ,TRUE COPY// { SECTION OFFICER
To, 1. The Principal Secretary,Municipal Administration and Urban Development #;i Si;i#i i"r-jrsiil,stli"iiriatBuildinss'.Hvderabad - sooo22 2. iXX r,,r'',lii"iJir'ii,,iifr issbn"r'kimaredavM-unicipalitv'Municipal coiooritioir-xamareddy,Telangana-50311 1 ix"";i Jtiiti' ciliiij"iJi6i" c"r reho rate com ptex, Ka mareddy Di strict, Telanoana- 5031 11 4. ffi;'ic'6 siii.s. vent<ataramana,Advocatetg?!'cl 5. i"i" ddi t opioi tr,tunicipil Aoministration and urbanDevelopment' Hffi 6;;; f*inJstiiJor retansanaat Hvderabad'touTl - -- 6. &"" ;cjo bii ii.ni"i l,t"nan R6odv, sc-ior.Municipalitv-[oPuC] 7. i;; ac;itciior Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 8. Two CD CoPies 9. One SpareCoPY sm'
PS
HIGH COURT
DATED:2911012022
ORDER
WP.No.32645 ol 2022
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DISPOSING OF THr :WP WITHOUT COSTS
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1 issue framed by the court
Whether the respondents are directed to provide an opportunity of personal hearing on the building permission application.
l. Mis.Brunda Estates
Mamindla Rajamani
The State of Telangana
The Municipal Commissioner, Kamareddy Municipality
The District Collector, Kamareddy District
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
